ORDER
V.V.S. Rao, J.
1. A short but interesting question as to the power of the Chief Wild
Life Warden to seize wild life trophies declared by a person arises for consideration in this writ petition.
2. The petitioner herein filed a declaration as required under Section 40 of the Wild Life (Protection) Act, 1972 (for short, the Act), and Rule 34 of Wild Life (Protection) (Andhra Pradesh) Rules, 1974 (for short, the Rules) on 23.8.1993. In covering letter accompanying declaration it is stated that his father late R.R. Mathur, IAS acquired tiger skin in early 1960’s and same came into possession of the petitioner. After having come to know that a declaration is required to be filed with the Chief Wild Life Warden under Section 40 of the Act, such a declaration was made. Respondents 2 and 3 came to petitioner’s house on 4.9.1993 and confiscated the tiger skin in a box. Therefore, the writ petition is filed contending that the search and seizure is illegal.
3. In the counter-affidavit filed by the
Deputy Conservator of Forests, Wild Life
Investigation, it is stated there was long
delay on the part of the petitioner in filing
declaration under the Act and the Rules and
the authorities entertained a doubt as to
genuineness of the tiger’s skin and therefore
the same was seized. Under Section 40(1) of
the Act every person at the commencement
of the Act having control and custody or
possession of skin of any animal has to declare to the Chief Wild Life Warden giving the description of the article. Rule 34 of the Rules provide to make declaration in Form No. 2 after coming into force of the Rules. Be it also noticed under various provisions of Chapter-V(A) which is introduced by Wild Life (Protection) (Amendment) Act, 1986 trade or commerce in trophies, animals, articles etc., derived from certain animals is prohibited and under Section 50 of the Act, they are offences.
4. Rule 35 of the Rules lays down the procedure to be adopted by the Chief Wild Life Warden after receiving declaration. The same reads as under.
Rule 35. Inquiry and Preparation of Inventories :–(1) On receipt of a declaration under Rule 34, or under Sub-section (1) of Section 40 the Chief Wild Life Warden or the authorised officer shall give a notice to the person making the declaration as to the date and time on which he shall enter upon the premises of such person and such notice shall be served on the person making the declaration or sent to him by registered post.
(2) The Chief Wild Life Warden or the authorised officer may, after making such inquiry as he may deem fit, inspect the premises and animal articles, trophies, uncured trophies, and castine animals specified in Schedule-I or Part II of Schedule II.
(3) The Chief Wild Life Warden or the authorised officer shall make an inventory in Form No. 12 of such animals or objects found upon the premises.
(4) The Chief Wild Life Warden or the authorised officer shall affix upon the objects referred to in Sub-rule (3), identification marks as far as possible in indelible ink.
5. From a reading of Section 40(1) of the Act and Rule 35 of the Rules it becomes very clear that after making a declaration the authorised officer has to give notice to the declarant as to the date and time on which the officer shall enter upon the premises. After giving such notice, the Warden or authorised officer has to conduct enquiry and come to a conclusion as to whether such trophy is kept illegal. In every case where the person gives declaration either under Section 40(1) of the Act or Rule 35 of the Rules, the law does not contemplate seizure of the article. Be that as it may, before recording a finding that there is violation of Chapter V(A), a notice as to the date of enquiry and date of inspection has to be given. The file produced from the office of the Chief Wild Life Warden does not show that any such notice was issued to the petitioner. Therefore, the seizure is illegal. The articles seized from the petitioner on 4.9.1993 is illegal and cannot be sustained.
6. In the result, the writ petition is allowed as prayed for. There shall be an order for costs quantified at Rs. 1,000/-.